A recent case brought to mind a possible argument for tolling the applicable statute of limitations (SOL) on certain claims. By submission of complaints to the CFPB (TILA, RESPA, FDCPA etc) you are starting an administrative process. It might even be true that by submitting a QWR (under RESPA) or DVL (under FDCPA) you are starting an administrative process. One…[...]

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Tags: AG Complaints, CFPB Complaint, FDCPA, realignment of parties, recoupment, RESPA, TILA, unconstitutional application of statute
Posted in evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Modification, Pleading |

To my knowledge, the only other lawyer that is persistently publishing and broadcasting valuable information about foreclosure defense is Gary Dubin. He has published an article that is very much worth reading. while he is located in Hawaii he offers many insights that are helpful to all foreclosure defense attorneys and pro se litigants. He is licensed in California and…[...]

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hat tip Bill Paatalo You can't pick up one end of the stick without picking up the other end as well. Or, if you like, you can't eat your cake and still have it. Banks used third party intermediaries all the time, and in non-mortgage loans they are considered as the real lender for purposes of being able to charge…[...]

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Tags: CERTIFICATES, FDIC, funding, third parties, true lender
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure mill, legal standing, Modification, Servicer |

Without a contract in writing executed with the formalities required for transfer of interests in real property, it is highly probable that any instrument executed on behalf of MERS means nothing without the necessity of drilling into the authority or knowledge of the signor. In fact, it might just be that the execution of an assignment might be the utterance…[...]

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Tags: agency, agent, MERS, naked nominee, Power of Attorney
Posted in Corruption, discovery, evidence, Fabrication of documents, foreclosure defenses, foreclosure mill, legal standing, Motions, Pleading, Servicer |

Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Charles Marshall, Esq. Call in at (347) 850-1260, 6pm Eastern Thursdays   One of the things that irritates most homeowners and lawyers for foreclosure defense is how "evidence" is admitted that "proves" a fact that doesn't exist. One of the tools for doing that is Judicial Notice or as…[...]

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Tags: credibility, judicial notice
Posted in evidence, foreclosure defenses, foreclosure mill, legal standing, Motions, Pleading |

Hat tip Michael Bazemore It's not easy to see but if you look at the court docket after a ruling against the parties designated as "foreclosing parties" you can see that these cases are often dismissed with reference to an agreement or settlement between the parties. The typical pleading asking the court to dismiss the case will read as follows:…[...]

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Tags: mortgage settlements
Posted in Corruption, Fabrication of documents, foreclosure defenses, legal standing, Servicer |

Ryan Torrens, Esq., a Florida attorney who apparently does his homework, posted this article on his website. see Summary Judgment for Homeowner - Don't give Up For those of you in foreclosure who may wonder if you have any rights, the answer is yes, you do! I recently won a summary judgment against a foreclosing bank in a foreclosure case in…[...]

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Tags: "modification" agreement, assignment of mortgage
Posted in evidence, foreclosure defenses, legal standing, Modification, Pleading |

I have distilled the legal points and procedure of TILA Rescission down to their essentials and specifics as you can see below. In the case presented the 9th Circuit ruled in favor of the homeowner but in so doing continued to violate the law of the land enunciated by the Supreme Court of the United States and Congress. Yes the…[...]

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Tags: Bank of America, Hoang, jesinoski, SCOTUS
Posted in evidence, foreclosure defenses, legal standing, Pleading |

For those who like what I write but have doubts about what I am saying consider this article that is based upon truth and nothing but the truth. According to a Rolling Stone article published in 2015 by Matt Taibbi, "one of America's ugliest secrets is that our own whistleblowers often don't do so well after the headlines fade and cameras recede.…[...]

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Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Neil Garfield Call in at (347) 850-1260, 6pm Eastern Thursdays I am nothing if not persistent. 12 years ago my analysis of the real estate market caused me to make a number of conclusions about the real estate market being priced far over value, about the crash, and about…[...]

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